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Using An IRA Rollover to Eliminate Federal Spousal Rights

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Qualified Retirement Plans (QRPs), which include 401(k), 403(b) and many other employer-based plans, are governed by federal law under ERISA.  One of the tenets of ERISA is that there are certain rights for the spouse of the employee-participant in the plan.  One of those rights is that the spouse must consent to any distribution from that plan that is in the form of anything other than a Qualified Joint and Survivor Annuity (QJSA).

Depending upon your circumstances, this might not be the way you would like for things to work out.  For example, if you’re planning to get married and you want to ensure that your future spouse doesn’t control distributions from your retirement plan, you could rollover your QRP to an IRA before your marriage – because an IRA isn’t covered by ERISA like the QRP is.  A prenuptial agreement could be used to limit a spouse’s rights to an IRA, but it cannot usurp the ERISA rules.

If you’re already married and you have a reason to consider this option, hopefully it’s not because there are storm-clouds on the horizon for your marriage.  If this is the case, you will likely have some difficulty in enacting this rollover.  The problem, as mentioned before, is that the spousal rights provision requires that your spouse signs off on any distribution other than the QJSA.

If you’re going through a divorce, it’s possible that you’d need to have your ex-spouse sign off on a distribution from your QRP if the QRP isn’t part of the assets to be split.  If the QRP isn’t being split for the divorce, you’ll want to make sure that you have a statement in the decree that ensures that the QRP is positively identified as belonging solely to you. Otherwise, your ex could make a claim against a portion of your QRP later, under ERISA.

Bear in mind that the spousal distribution rights from the QRP also apply to death benefits from the plan, in addition to lifetime benefits.

One other thing to keep in mind is that your own state’s law may provide rights to your IRA to your spouse anyhow.  If that is the case, the rollover to the IRA would not have the effect you expected.

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The Social Security Spousal Benefit – Further Explanation

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Following up my article which provided several brief examples of the Social Security Spousal Benefit, I thought I’d provide some further explanation and background for the provision. It appears from some of the feedback I have received that there is a great deal of confusion over this provision, so hopefully the further background explanation that I’m providing here will be of help.

I have listed below several additional background details about how the Social Security System works, in order to help you better understand the prior article.

Additional Background Explanation

As stated at the outset of the previous article, this is one of the most confusing provisions of the Social Security system. Don’t expect to fully understand the tenets of the provision in a brief reading – you’ll want to read through the examples carefully, comparing each example to your own situation and considering the outcomes.

1. In the original article, I used two acronyms in my explanations, both of which were explained briefly at the outset of the article. I’ll explain and define each of them further here.

FRA – Full Retirement Age. This is the age at which you would become eligible for your full Social Security benefit (also known as your Primary Insurance Amount, which we’ll get to next). It used to be that FRA (Full Retirement Age) was 65 for all people – but with the 1983 amendment to the system, the age was gradually increased. Full Retirement Age (FRA) depends on your year of birth, according to the table below:

Year of Birth FRA
1937 or before 65
1938 65 and 2 months
1939 65 and 4 months
1940 65 and 6 months
1941 65 and 8 months
1942 65 and 10 months
1943-1954 66
1955 66 and 2 months
1956 66 and 4 months
1957 66 and 6 months
1958 66 and 8 months
1959 66 and 10 months
1960 or later 67

PIA – Primary Insurance Amount. This amount is, for most folks*, equal to the amount that you would receive at Full Retirement Age (FRA). This figure is the primary figure against which all calculations are run for figuring your retirement benefit, and for calculating a Spousal Benefit for your wife or husband.

* If an individual is also receiving a pension from a job which was not subject to Social Security withholding taxes, such as a teaching job or a federal, state or local government job, certain reductions will likely apply. You can read more about the impact of these non-Social Security jobs at this article which explains the Windfall Elimination Provision and the Government Pension Offset (WEP and GPO respectively, if you’d like more acronyms).

2. There is a minimum age at which you become eligible for Social Security retirement benefits, and this is the same for all people, 62. If you file at this age (or at any age before Full Retirement Age), you will be subject to a reduction from your Primary Insurance Amount (PIA) based upon the number of months you’re filing before Full Retirement Age. It’s a somewhat complicated formula (but then again, what about this system isn’t?) so rather than explaining how to build a watch I’ll show you what time it is.

The table below shows the reduction factors for various ages and years of birth. You’ll need to find the row for your Year of Birth, and then work your way across to the right for your reduction factor at various ages. Space limitations don’t allow us to display every possible age (limited to exact years), but you can get the idea of how the reduction works for ages in-between.

Year of Birth 62 63 64 65 66 67
1937 or before -20.00% -13.33% -6.67% 0.00%
1938 -20.83% -14.44% -7.78% -1.11%
1939 -21.67% -15.56% -8.89% -2.22%
1940 -22.50% -16.67% -10.00% -3.33%
1941 -23.33% -17.78% -11.11% -4.44%
1942 -24.17% -18.89% -12.22% -5.56%
1943 to 1954 -25.00% -20.00% -13.33% -6.67% 0.00%
1955 -25.83% -20.83% -14.44% -7.78% -1.11%
1956 -26.67% -21.67% -15.56% -8.89% -2.22%
1957 -27.50% -22.50% -16.67% -10.00% -3.33%
1958 -28.33% -23.33% -17.78% -11.11% -4.44%
1959 -29.17% -24.17% -18.89% -12.22% -5.56%
1960 or later -30.00% -25.00% -20.00% -13.33% -6.67% 0.00%

 

To use this table, find your Year of Birth in the first column. Move right until you reach the age that you wish to begin early benefits. This figure is the amount of reduction from your Primary Insurance Amount (PIA, see the explanation above) that you will experience by filing at this age.

At the earliest filing age of 62, for a person who was born in 1960 or later the reduction factor will be -30%. In other words, if this person files for benefits at age 62, the benefit would be 70% of the amount that this person would receive if he or she waited until Full Retirement Age (FRA) of 67 to file for benefits.

(FYI – there is also a maximum age for all people, after which your Social Security benefit will no longer earn delayed credits, and that is age 70. Delaying receipt of your benefit after Full Retirement Age causes an increase to your benefit, up to age 70.)

3. A Spousal Benefit can be available to one spouse or the other but not both. The maximum amount that this benefit could be is 50% of the other spouse’s Primary Insurance Amount (PIA, the amount that he or she would receive at Full Retirement Age). The 50% amount is available if the spouse applying for the Spousal Benefit is at least Full Retirement Age. If he or she is younger than Full Retirement Age, a reduced amount could be available. The reductions are listed below:

Year of Birth 62 63 64 65 66 67
1937 or before -25.00% -16.67% -8.33% 0.00%
1938 -25.83% -18.06% -9.72% -1.39%
1939 -26.67% -19.44% -11.11% -2.78%
1940 -27.50% -20.83% -12.50% -4.17%
1941 -28.33% -22.22% -13.89% -5.56%
1942 -29.17% -23.61% -15.28% -6.94%
1943 to 1954 -30.00% -25.00% -16.67% -8.33% 0.00%
1955 -30.83% -25.83% -18.06% -9.72% -1.39%
1956 -31.67% -26.67% -19.44% -11.11% -2.78%
1957 -32.50% -27.50% -20.83% -12.50% -4.17%
1958 -33.33% -28.33% -22.22% -13.89% -5.56%
1959 -34.17% -29.17% -23.61% -15.28% -6.94%
1960 or later -35.00% -30.00% -25.00% -16.67% -8.33% 0.00%

 

Following the example listed above where a person born in 1960 or later files for Spousal Benefits at age 62, the 50% factor is reduced by 35%. In other words, the Spousal Benefit factor for this person would be reduced to 65% of the full 50% factor, which calculates to 32.5% of the other spouse’s PIA.

4. Furthermore, the Spousal Benefit is only available if the other spouse has filed for benefits already. Stay with me on this – it’s confusing. This means that until the other spouse files for retirement benefits, the first spouse can’t file for Spousal Benefits. Once the other spouse files for retirement benefits, the first spouse, as long as he or she is at least age 62, can file for Spousal Benefits. It’s important to note that the Spousal Benefit is available only to one spouse in the couple at at time – not both, so you have to choose which option works out better for you and your spouse.

5. At Full Retirement Age, a special provision is available that allows one spouse or the other to file for her own benefit and then suspend receiving the benefit; this will enable the other spouse to file for Spousal Benefits based upon the first spouse’s record. Since the one spouse has suspended receiving her benefit, she can continue to accrue delayed retirement credits up to age 70, while at the same time the other spouse is now eligible to file for Spousal Benefits based upon her record.

6. If the Social Security recipient is filing for benefits prior to Full Retirement Age and he is also eligible for the Spousal Benefit at the same time (that is, his spouse has already filed for her own benefit), then another special provision applies, called Deemed Filing. Deemed Filing requires that, if the individual is eligible for both the Spousal Benefit and his own benefit and is younger than Full Retirement Age, then that individual must file for both benefits at that time. The only other alternative is not filing for either benefit.

If the individual is not currently eligible for the Spousal Benefit and he is filing for his own benefit prior to Full Retirement Age, Deemed Filing does not apply – even if a month later his spouse files for her own benefit, making this first spouse eligible for the Spousal Benefit. Deemed Filing only applies in the first month that the individual is filing for his own retirement benefit, and then only if he is younger than Full Retirement Age. (Roles could be reversed, as always.)

Back to the examples

Now, with this additional background information, you should be able to go back to the first article and it will (hopefully) make more sense.

Keep in mind what I mentioned at the beginning: this is complicated. Don’t expect to pick up on it immediately. If all this does is raise questions, feel free to post your questions in the comments and I’ll try to address your questions as best I can.

In addition, bear in mind that I am an independent financial advisor; I don’t work for the Social Security Administration. As such, in these articles I am reporting the way the system works – not advocating it, not agreeing with it, not defending it. I agree that many of the provisions of the system can be unfair when applied, but I don’t have any sway with the Social Security Administration to fix the problems. I’m a taxpayer just like you, and I have to deal with the system the way it stands as well.

I have spent quite a bit of time studying how the system works in order to help my clients. As a result of my study of the system, I’ve also written a book that you may find useful – A Social Security Owner’s Manual. The Spousal Benefit and many other confusing provisions of the Social Security system are explained in the book.

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The Post-55 Exception to the 10% Penalty for Withdrawals from 401(k)

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Most of the time, when taking a distribution from a 401(k) or other Qualified Retirement Plan (QRP) prior to age 59½, there generally is a 10% penalty that applies.  That is, unless one of the exceptions applies – hardship primarily, although there are others.

If you happen to be over age 55 when you leave employment, there is another exception that applies.  Any distribution that you take from the QRP, as long as you were at least 55 years of age when you left employment, will not be subjected to the 10% penalty, only ordinary income tax.

This provision only applies to QRPs, not to IRAs.  So if you’re leaving employment at or after age 55 but before reaching 59½, it can be in your best interest to not rollover your QRP to an IRA, at least until after you reach 59½.  Even if you don’t need the money right away, it could be beneficial to have the source of funds available penalty-free.

For retiring police, firefighters and medics, the age for this exception is 50 – so these folks can take distributions from their QRPs after age 50 if they’ve left employment without penalty.

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Year End Income Tax Planning

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Once you’ve reached the last month of the tax year, there aren’t a lot of things that can be done to minimize your income taxes.  But there are a few things that could be done.

For example, you could double up your real estate taxes by prepaying next year’s tax during December.  Doing this with, for example, a $3,000 per year real estate tax bill could result in a reduction of tax for the year of $750 if you’re in the 25% bracket.  Keep in mind though, that you’ll have forked out this money long before it is actually due in most cases, and for the next year you won’t have this deduction available if you used it in this year.

The same could be done with your charitable contributions – there’s no reason that you can’t make additional contributions to your favorite charities at the end of this year instead of waiting until next year.

You could also send your final estimated state income tax payment due in January of next year during December and claim that payment on this year’s itemized deductions as well.

Prepaying your January mortgage payment will credit that mortgage interest to this year as well, further increasing your itemized deductions.

Other itemized deductions could be “stacked” in one year, such as medical expenses (subject to the 7.5% floor) and miscellaneous deductions (subject to the 2% floor).

It’s important to keep in mind that the moves that you make this year might reduce your tax now – but you might have an adverse impact on next year’s income tax by doing so.  It will pay to run the calculations based on what you know about this year’s tax and next year’s tax to make sure that it is in your best interest to do this.

Here’s how it might play out: if you prepaid your next year’s real estate tax during this year, it might reduce your deductions below the Standard Deduction – which could be a good thing.  In doing this, you would get to use the Standard Deduction to increase your tax deductions on next year’s return when you specifically reduced your deductions for that year by prepaying the deductible real estate tax in during this year.  In this fashion you might be making the most of the standard deduction and your itemized deductions year after year – one year using the “stacked” deductions, the next using the standard deduction.

These prepayment options could have a negative affect if you are subject to the Alternative Minimum Tax (AMT).  Prepaying your state tax, mortgage interest and some medical expenses might trigger or cause an increase in AMT.

One tactic that you might consider is selling a taxable investment that has an inherent loss; this is especially useful if you’ve sold another investment at some point in the tax year that has resulted in a taxable gain.  Losses can be used to offset those capital gains dollar for dollar, and an additional $3,000 in capital losses can be used to reduce your ordinary income as well.

You can also make up for underpayment of estimated tax by taking a withdrawal from an IRA (especially if you’re over age 59½) and having tax withheld from the withdrawal.  This can also be accomplished by having more tax withheld from your paycheck if you’re still working, by filing a new W4.

Another move you can make includes the Qualified Charitable Distribution from your IRA – allowing you to bypass recognizing that income, including your RMD.  This can only be done if you’re at least age 70½ and subject to Required Minimum Distributions.

You can also delay your first RMD (if you reached age 70½ this year) until as late as April 1 of next year, although that will mean you have to take two RMDs next year.  But in some circumstances that may be the better option.

You can also make a deductible contribution to your IRA, if you qualify – but you don’t have to do that before the end of the year, you have until April 15 to do that.

This isn’t an exhaustive list of year-end tax moves, just several of the more prominent ones.  Hopefully you’ll find what you need here to help with your year-end tax plans.

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The Spousal Benefit

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One of the most confusing concepts in the Social Security retirement system is the Spousal Benefit.  This option allows one spouse to file for benefits and the other spouse to receive a benefit based upon the first spouse’s retirement benefit.  The greatest amount that the Spousal Benefit could be is 50% of the PIA (Primary Insurance Amount, generally equal to the retirement benefit at Full Retirement Age, or FRA) of the spouse who has filed.

Let’s work through a few examples to explain this. Let’s say we have a couple named Dick and Jane. Dick is 66 years old, and Jane is 62. Dick is eligible for a benefit at his current age of $2,400 per month, and Jane would be eligible for a benefit of $1,000 when she reaches FRA.

Example 1

If Jane files for her own benefit today, it will be reduced by 25% due to early filing, for a total benefit of $750. If she also files for the Spousal Benefit today (Dick will have to have filed to enable this), then her Spousal benefit would be equal to 50% of Dick’s PIA minus 35% ($2,400 times 32.5% equals $780) minus her own PIA of $1,000. In other words, filing for the Spousal Benefit now would mean that Jane will not receive a Spousal Benefit since the Spousal Benefit at her current age is less than her PIA ($780 vs. $1,000).

Example 2

Jane could delay until she reaches FRA before filing for Spousal Benefits, which would then give her a Spousal Benefit of 50% of Dick’s PIA ($2,400 times 50% equals $1,200) minus her PIA of $1,000, for a Spousal Benefit differential of $200 ($1,200 minus $1,000). Her total benefit would be the reduced amount of $750 plus the $200 differential.

Example 3

If Jane delays receiving her own retirement benefit until FRA, she would receive the full $1,000. At this point she could also file for Spousal Benefits, giving her an additional $200 (as calculated above) for a total benefit of $1,200, exactly half of Dick’s PIA.

Keep this factor in mind: Jane can file for her own benefit early and delay the Spousal Benefit until later (as long as she’s not currently eligible for the Spousal Benefit in the month that she files for her own benefit, due to deemed filing); she cannot file for Spousal Benefits early (before FRA) and delay her own benefit.

Example 4

On the other hand, she could wait until she reaches FRA and then file solely for the Spousal Benefit, delaying her own benefit until age 70 if she wishes.

This is because once Jane reaches FRA she is no longer subject to the deemed filing rule.  This means that her Spousal Benefit would be calculated based upon 50% of Dick’s PIA – but Jane’s PIA is not subtracted from it since she has not filed yet.

Example 5

Mixing this up a bit, if Jane and Dick were the same age, Jane could file for her own benefit at any age, and then at FRA Dick could file for a Spousal Benefit based upon 50% of Jane’s PIA – and just like in Example 4, his Spousal Benefit would not be reduced by his benefit since he has not filed yet.

Conclusion

The following rules apply:

  • In order to be eligible for Spousal Benefits, your spouse must have filed for his or her own benefit.  He or she could suspend benefits if he or she is at least FRA.
  • If applying for your own benefit prior to FRA when you’re also eligible for Spousal Benefits (that is, your spouse has applied for his or her own benefit already), deemed filing requires that you have applied for both the Spousal Benefit and your own benefit at the same time.
  • The Spousal Benefit is always a differential between your own PIA and your spouse’s PIA with a factor applied (50% at the greatest, 35% at the least, depending on your age).
  • If you have already applied for your own benefits, the Spousal Benefit differential is added to your own benefit to give you your total benefit.  If your own benefit is reduced due to having filed early, your total benefit will always be something less than 50% of your spouse’s PIA, even if you wait until your own FRA to file for Spousal Benefits.
  • If you have not applied for your own benefits and you’re at least FRA, deemed filing doesn’t apply and you can file solely for your Spousal Benefit, equal to 50% of your spouse’s PIA.  This allows you to earn delayed retirement credits on your own record up to age 70.
  • Spousal Benefits are only available to one spouse at a time.
  • Spousal Benefits are not available if you have filed and suspended your own benefit.

Hopefully this review will help you as you work through the options of the Spousal Benefits for you and your spouse.  If not, you can always leave a question in the comments – and I’ll do my best to help you understand the way it works.

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Converting an Inherited 401(k) to Roth

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One of the provisions that is available to the individual who inherits a 401(k) or other Qualified Retirement Plan (QRP) is the ability to convert the fund to a Roth IRA.

This gives the beneficiary of the original QRP the option of having all of the tax paid up front on the account, and then all growth in the account in the future is tax free, as with all Roth IRA accounts.

What’s a bit different about this kind of conversion is that, since it came from an inherited account, the beneficiary must take distribution of the account over his or her lifetime, according to the single life table.  This means that, in order for this maneuver to be beneficial, the heir should be relatively young, such that there will be time for a lengthy growth period for the account – making the tax-free nature of the Roth account worthwhile.

A downside to this move is that the heir should be in a position to pay the tax on the account from other funds, otherwise the tax pulled from the account will drastically reduce the funds that can grow over time.

If the heir has an IRA of his or her own that could be converted, and there are only enough other funds for paying tax to enable the conversion of one account or the other, the IRA should be converted rather than the QRP.  This is because the IRA has a much better chance for long-term growth than the inherited QRP due to the requirement for distribution of the account (as discussed above).

This is yet another reason that an individual might want to leave funds in a 401(k) plan rather than rolling it over to an IRA – since the heir does not have this Roth conversion option available if the money is in a traditional IRA.  This option is only available for an inherited 401(k) or QRP.

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Why You Need to Register Your Business

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While many people have a dream of starting a business, some make the mistake of simply moving forward without understanding everything that business ownership entails. Ignoring important rules and regulations at the outset can prove costly further down the line, which is why certain aspects cannot be avoided – including registering the business.

Structure

When registering a business, the first issue under consideration is how the business is going to be set up. There are different business structures to choose from, including corporations, limited liability companies, and even partnerships. Each of these different legal structures has different requirements. Failure to comply with the requirements at the outset can mean legal and financial problems in the future.

Naming

When naming a business, remember that the default name of a business (when dealing with legal issues) is simply the name of the person or entity that possesses the business. For example, if John Anderson starts a business, on legal documents the name of the business will be listed as “John Anderson.” However, if he starts a business and names it “Anderson Electronics,” he will file an “assumed name” registration form. This form will be filed with local government, state government, and with various financial institutions.

Taxation

Of course, no one gets away with starting a business without letting the Tax Man know about it. If the business in question has employees (including listing the owner as an employee), the business must be registered with the Federal tax system so that it receives an Employer Identification Number. But, registering at the federal level is only the first step. Businesses must register at the state level, too, since the state likes to make sure it collects revenue from state and local businesses.

Licensing

Another important reason to make sure that businesses are registered comes in the form of licenses and permits. For many businesses, there are various licensing requirements and permits that must be used. Without registering a business, those permits will not be given – and that means the business will be operating outside the law. Naturally, this can lead to serious consequences, which is why it is vital to ensure that the business owner receives all proper permits and licenses.

These are the basic registration requirements for a business, and there are usually more needed, depending upon the type of business in question. While these registrations might seem overly complicated and some might even doubt their usefulness, making sure that all proper registration is in place allows a business owner to conduct business efficiently, legally, and with a minimum of registration-related problems in the future.

This post was contributed by Kelly Austin from Higher Salary. Visit her site for information on the average travel agent salary and guides to other popular careers.

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Substantial Earnings With Regard to WEP

Windfall

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If you’re subject to the Windfall Elimination Provision (WEP), your Social Security retirement benefit can be reduced in the first bend point to as little as 40% from the normal 90% rate.  The WEP applies if you worked in a job that did not require Social Security withholding in addition to a job that was subject to Social Security withholding.

However, if you’ve worked in the Social Security-covered job for a significant amount of time and the amount of earnings you received there was substantial, it is possible that the reduction due to WEP could be lessened and possibly eliminated.

According to the Social Security Administration, substantial earnings is defined as an amount equal or above the amounts shown in the table below:

Year Substantial Earnings
1937-1954 $900
1955-1958 $1,050
1959-1965 $1,200
1966-1967 $1,650
1968-1971 $1,950
1972 $2,250
1973 $2,700
1974 $3,300
1975 $3,525
1976 $3,825
1977 $4,125
1978 $4,425
1979 $4,725
1980 $5,100
1981 $5,550
1982 $6,075
1983 $6,675
1984 $7,050
1985 $7,425
1986 $7,825
1987 $8,175
1988 $8,400
1989 $8,925
1990 $9,525
1991 $9,900
1992 $10,350
1993 $10,725
1994 $11,250
1995 $11,325
1996 $11,625
1997 $12,150
1998 $12,675
1999 $13,425
2000 $14,175
2001 $14,925
2002 $15,750
2003 $16,125
2004 $16,275
2005 $16,725
2006 $17,475
2007 $18,150
2008 $18,975
2009-2011 $19,800

So, if your earnings from your Social Security-covered job are substantial according to the table above, it is possible to change the reduction factor, increasing it from the standard 45% – and even possibly eliminating it, depending upon how many years you’ve earned those substantial earnings.

As long as you’ve had those substantial earnings for more than 20 years, follow the table below to determine what your first bend point factor would be.

Years First Bend Point
Percentage Factor
30 or more 90%
29 85%
28 80%
27 75%
26 70%
25 65%
24 60%
23 55%
22 50%
21 45%
20 or less 40%

What this means is that if you had 20 or fewer years in a Social Security-covered job with substantial earnings, your WEP-reduced factor on the first bend point is 40%.  For each year more than 20 of substantial earnings, your WEP-reduced factor increases by 5%, and if you have 30 or more years of substantial earnings, the WEP doesn’t impact your first bend point factor at all.

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Which Account to Take your RMDs From

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When you’re subject to the Required Minimum Distributions (RMDs) and you have more than one IRA account to take the distributions from, you have a choice to make.  Even though you have to calculate the RMD amount from all of your IRA accounts combined, the IRS provides that you could take the total of all your RMDs from a single account if you wish.

With this provision in mind, you could take all of your RMDs from the smallest account, which would provide you the opportunity to eliminate one of the accounts in your list, thereby simplifying things.  By reducing the number of accounts that you have, you could simplify the calculation of RMDs, estate planning, and just general paperwork.

However, it might not always work to your best interests to reduce the number of accounts that you have.  You may have multiple accounts in order to simplify your estate planning process, so that you can direct each account to a specific beneficiary or class of beneficiaries, for example.

In addition, if you’re hoping to eliminate some of your IRA accounts, you could always combine several IRAs together by rollovers – the end result is essentially the same.

This combination of accounts for RMDs can also be used with 403(b) accounts – if you happen to have several 403(b) accounts from previous employers, you can combine the RMDs and take them all from one account.  This doesn’t work with 401(k) plans, though, and you also cannot combine unlike accounts (IRAs with 403(b)s or 401(k)s) to take the RMDs for the dissimilar accounts.

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Expiring Tax Provisions for 2011

expired
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There are quite a few tax provisions that will be expiring at the end of 2011 – nowhere near the number of provisions that were set to expire at the end of 2010 (many of which were subsequently extended), but still there are quite a few sun-setting this year.

Listed below are some of the major provisions that will expire at the end of 2011 that will affect individual taxpayers.

Charitable Contributions from IRA The provision that allows an IRA owner, subject to Required Minimum Distributions (RMDs) and over age 70½ to make a Qualified Charitable Distribution (QCD) directly to a charity from his IRA will expire as of 12/31/2011.  This provision allows the IRA owner to make this charitable contribution without having to recognize the income – which could have a profound effect on the taxpayer’s return.  Remember, this one expired once before, at the end of 2009, but was extended retroactively through the end of 2011, so it’s possible it could be extended again.

Educator Expenses The actual expenses that teachers incur for classroom supplies, mileage and the like in support of the education process, up to $250 per spouse.  Neither spouse can deduct more than $250 of his or her own qualified expenses.

Electric Vehicle Credit for Low-Speed Vehicles, Motorcycles, and 3-Wheeled Vehicles The credit for these qualified vehicles, of 10% of the purchase price up to $2,500, is available through the end of 2011, after it was extended at the end of 2010.  The credit for electric vehicle conversion kits is also expiring at the end of 2011.

Energy Efficient Home Credit The credit for an energy efficient home and for energy efficient improvements, reduced to a total credit of $500, based on 30% of the cost of the materials, is set to expire at the end of 2011.  If $500 or more of the credit has been used in 2009 or 2010, the 2011 credit is not available.

Mortgage Insurance Premium Deduction The itemized deduction of mortgage insurance premiums is set to expire at the end of 2011.

Rollover from FSA or HRA to an HSA  Up to the end of 2011, taxpayers have the ability to rollover funds from a Flex-Spending Account (FSA) or a Health Reimbursement Account (HRA) to a Health Savings Account (HSA).  The HSA is only available if you have a High Deductible Health Plan (HDHP), although you could have a “grandfathered” HSA from an earlier HDHP without current coverage by the HDHP.

Sales Tax Deduction Instead of State Income Tax Deduction Also expiring at the end of 2011 is the ability to utilize state sales tax instead of state income tax as a deduction on your Schedule A.  This will make a huge difference for folks that live in states with low or no state income tax – and folks that are planning the purchase of high-ticket items subject to sales tax, such as motor homes, boats, and luxury vehicles.

Tuition and Fees Deduction Once again set to expire at the end of 2011 is the deduction of qualified secondary education expenses up to $4,000 for AGIs up to $130,000 ($65,000 for single filers) or up to $2,000 for AGIs up to $160,000 ($80,000 for single filers).

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